Denver, CO, September 4, 2012
Haddon, Morgan and Foreman, P.C., announced that five of its attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).
The attorneys selected and the fields they were selected in are as follows:
Norman Mueller and Rachel Bellis recently won an appeal in the Colorado Court of Appeals upholding a $1.8 million verdict in favor of their client. In McLaughlin v. BNSF Railway Co., case. no. 11CA0751, decided June 7, 2012, the Court of Appeals decided two issues of first impression in Colorado related to damages. First, the court concluded that it may be appropriate to give both an “eggshell” or “thin skull” instruction and an instruction apportioning damages for aggravation of a preexisting condition depending on the state of the evidence. The court set forth guidelines on when one or both of the instructions should be given. In this case, the court rejected the railroad’s argument that it was error to give the “eggshell” instruction and concluded that any error in giving the aggravation instruction was harmless error.
The court also ruled that disability benefits under the Railroad Retirement Act are benefits from a collateral source, and that Mr. McLaughlin could seek recovery for lost wages even though he was receiving those disability benefits.
Finally, the court rejected the railroad’s claim that it was error to admit the claims agent’s post-accident interview of Mr. McLauglin.